IJU [2019] NSWCATGD 21

IJU [2019] NSWCATGD 21

IJU is a person with advanced dementia and no capacity to make important life decisions; there is no valid advance care directive and no private person available to act as guardian; thus, a guardianship order is necessary and the Public Guardian should be appointed to make health care and medical/dental decisions for 12 months.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Guardianship Application / Hearing and Orders
Outcome
Guardianship order made for IJU; Public Guardian appointed for 12 months with health care and medical/dental consent functions.
Legal Topics
['guardianship Order Appointment' 'advance Care Directive Validity' 'authority for Medical Decisions' 'appointment of Public Guardian']
['guardianship' 'health Law'] ['guardianship Order Appointment' 'advance Care Directive Validity' 'authority for Medical Decisions' 'appointment of Public Guardian']

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Procedural Posture

Guardianship Application / Hearing and Orders

Legal Issues

  1. 1 ['Whether IJU is a person in need of a guardian due to disability' 'Whether a guardianship order should be made for IJU' 'Validity of advance care directive for IJU' 'Who should be appointed as guardian and with what functions']

Ratio Decidendi

IJU is a person with advanced dementia and no capacity to make important life decisions; there is no valid advance care directive and no private person available to act as guardian; thus, a guardianship order is necessary and the Public Guardian should be appointed to make health care and medical/dental decisions for 12 months.

Court Disposition

Guardianship order made for IJU; Public Guardian appointed for 12 months with health care and medical/dental consent functions.

Orders

  • ['A guardianship order is made for IJU.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 18 December 2019.' 'This is a limited guardianship order giving the guardian(s) custody of IJU to the extent necessary to carry out the specified...